Power industry law / Environment law

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Base data
Title:	Power industry law
Abbreviation:	EnWG
Kind:	Federal law
Area of application:	Federal Republic of Germany
Right subject:	Private law
FNA:	752-2
Date of the law:	24. April 1998 (BGBl. P. 730)
The entry into force to:
New proclamation of:
Last change through:	Law from 7 July 2005 (BGBl. I 2005, P. 1970, more ber. 3621)
The entry into force that-last change: 1)	13. July 2005

With the second novella of the power industry law (EnWG) the Federal Government converts the European Union Community law for the line-bound power supply into national right. Goals of the EnWG are the consumer-friendly and environmentalcompatible supplies of electricity and gas as well as the safety device of the effective competition and a long-term, efficient and reliable enterprise of Energieversorgungsnetzen.

Changes

Information exchange is more uniformly regulated
Unbundling is legally regulated
Regulations for transmission network operators are concretized
Powers and tasks of the federal net agency are specified
Reason and emergency supply obligations are adapted to the liberalisierten energy market
A marking obligation for electricity bills is introduced
Definitions to the computation and licensing procedure for the net-use-repaid, to the duty to supply information in the Internet (repay) and to the reporting to the adjustment authority are met

The second law for the reorganization of the power industry law stepped on 13 July 2005 into force.

Background of the second novella

The European Union guideline releases it the member states during the conversion whether the free net entrance is legally regulated or by means of free agreement and freiwilliger self-check of the four German network carriers is ensured. With the river this did not function, with the gas however. Therefore the legislator agreed to adjust this. For this the second novella of the EnWG was decided, so that from that once 19 paragraphs comprehensive EnWG further hundred paragraphs were added. Important is here an authorization regulation, in order to regulate the Unbundling. For the gas market on this basis the gas net entrance regulation was issued. In this the details of the market opening - in particular the possibility of the final customer for the running duck change and their technical and technical realization - are regulated.

History

The up to then valid power industry law was replaced by the power industry law of 1998 from 1935. Around this law it had due to its developing date partially polarize-mixes arguments given. The reproaches went by above all that supply security was a condition for armament and war. The law of 1935 was however large actually a fixing of the energy-industry realities, how they had developed in the Weimar Republic.

Literature

January O.C. turning mountain: The development of the electricity right in Germany - the way to the power industry law of 1935, right-historical row No. 157, publishing house Peter Lang, 1996